Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Rules and Regulations 57361 

Subpart PP—South Carolina 

■ 2. In § 52.2120(c), amend the table 

under the heading ‘‘Regulation No. 

62.5’’ by revising the entries for 

‘‘Standard No. 7’’ and ‘‘Standard No. 

7.1’’ to read as follows: 

§ 52.2120 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 1 TO PARAGRAPH (c)—EPA-APPROVED SOUTH CAROLINA LAWS AND REGULATIONS

State citation Title/subject State effective 

date 

EPA approval 

date Explanation 

*******

Regulation No. 

62.5.

Air Pollution 

Control Standards.

........................ ...........................

*******

Standard No. 7 .. Prevention of 

Significant Deterioration.

11/26/2021 8/23/2023, [Insert citation of 

publication].

Except for the project emissions accounting provisions at paragraphs 

(A)(2)(d)(vi) and (A)(2)(d)(vii). 

Standard No. 7.1 Nonattainment 

New Source 

Review.

11/26/2021 8/23/2023, [Insert citation of 

publication].

Except for the ethanol production facilities exclusion in paragraphs 

(A)(11)(t) and (B)(22)(c)(xx) and the project emissions accounting 

provisions at paragraphs (A)(8) and (A)(9). 

*******

* * * * * 

[FR Doc. 2023–18120 Filed 8–22–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2022–0682; FRL–10126– 

02–R9] 

Air Plan Approval; California; San 

Diego County Air Pollution Control 

District; Oxides of Nitrogen 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the San Diego 

County Air Pollution Control District 

(SDCAPCD) portion of the California 

State Implementation Plan (SIP). The 

California Air Resources Board (CARB) 

submitted the rule, on behalf of 

SDCAPCD, to the EPA as part of the 

requirement to implement major source 

reasonable available control technology 

(RACT) for emissions of oxides of 

nitrogen (NOX) for the San Diego County 

ozone nonattainment area. This revision 

concerns NOX emissions from boilers, 

process heaters, and steam generators. 

We are approving a local rule to regulate 

these emission sources under the Clean 

Air Act (CAA or the ‘‘Act’’). 

DATES: This rule is effective September 

22, 2023. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2022–0682. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. If 

you need assistance in a language other 

than English or if you are a person with 

a disability who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: La 

Kenya Evans-Hopper, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 972–3245 or by 

email at evanshopper.lakenya@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On January 30, 2023 (88 FR 5833), the 

EPA proposed to approve the following 

rule into the California SIP. 

TABLE 1—SUBMITTED RULE

Local agency Rule No. Rule title Adopted Submitted 

SDCAPCD ........ 69.2.2 Medium Boilers, Process Heaters, and Steam Generators ......................... 09/09/21 03/09/22 

We proposed to approve this rule 

because we determined that it complies 

with the relevant CAA requirements. 

Our proposed action contains more 

information on the rule and our 

evaluation. 

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period, we received three 

comments, two of which were 

submitted by the same commenter. The 

full text of all three comments is 

available in the docket for this 

rulemaking. The comments were 

broadly supportive of SIPs, in the 

general sense, as a necessary tool to 


lotter on DSK11XQN23PROD with RULES1
57362 Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Rules and Regulations 

address air pollution, particularly NOX

emissions, although they were not 

specific to this rulemaking action. After 

stating the need for the EPA to approve 

and enforce SIPs to ensure areas meet 

the national ambient air quality 

standards (NAAQS), one comment 

contained a general statement that SIPs 

could be argued to be overly 

burdensome because of their economic 

impacts on businesses and consumers. 

After reviewing this comment, the EPA 

has determined that the comment does 

not raise issues germane to our 

proposed finding that SDCAPCD Rule 

69.2.2 satisfies the requirements of CAA 

sections 110 and part D, which focuses 

the rule evaluation on enforceability, 

stringency, and interference with CAA 

requirements. Therefore, we have 

determined that this comment does not 

necessitate a response, and the EPA will 

not provide a specific response to the 

comment in this document. 

III. EPA Action 

No comments were submitted that 

change our assessment of the rule as 

described in our proposed action that 

this rule meets CAA requirements and 

is consistent with relevant guidance 

regarding enforceability, RACT, and SIP 

revisions. Therefore, as authorized in 

section 110(k)(3) of the Act, the EPA is 

fully approving this rule into the 

California SIP. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of San Diego 

County Air Pollution Control District, 

Rule 69.2.2, ‘‘Medium Boilers, Process 

Heaters, and Steam Generators,’’ 

adopted on September 9, 2021, which 

regulates NOX emissions from boilers, 

process heaters, and steam generators 

with a heat input rating greater than 2 

million British thermal unit (Btu) per 

hour to less than 5 million Btu per hour 

that are manufactured, sold, offered for 

sale or distributed, or installed for use 

within San Diego County. The EPA has 

made, and will continue to make, these 

documents available through https://

www.regulations.gov and at the EPA 

Region IX Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a state program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. The EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ The EPA 

further defines the term fair treatment to 

mean that ‘‘no group of people should 

bear a disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The State did not evaluate 

environmental justice considerations as 

part of its SIP submittal; the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. The EPA did not perform an 

EJ analysis and did not consider EJ in 

this action. Due to the nature of the 

action being taken here, this action is 

expected to have a neutral to positive 

impact on the air quality of the affected 

area. Consideration of EJ is not required 

as part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving environmental justice for 

people of color, low-income 

populations, and Indigenous peoples. 

This action is subject to the 

Congressional Review Act, and the EPA 

will submit a rule report to each House 

of the Congress and to the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by October 23, 2023. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Reporting and 

recordkeeping requirements. 

Authority: 42 U.S.C. 7401 et seq. 


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Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Rules and Regulations 57363 

Dated: August 17, 2023. 

Cheree Peterson, 

Acting Regional Administrator, Region IX. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends part 52, chapter I, title 

40 of the Code of Federal Regulations as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(604) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(604) The following regulations were 

submitted on March 9, 2022, by the 

Governor’s designee as an attachment to 

a letter dated March 9, 2022. 

(i) Incorporation by reference. (A) San 

Diego County Air Pollution Control 

District. 

(1) Rule 69.2.2, ‘‘Medium Boilers, 

Process Heaters, and Steam Generators,’’ 

adopted on September 9, 2021. 

(2) [Reserved] 

(B) [Reserved] 

(ii) [Reserved] 

[FR Doc. 2023–18110 Filed 8–22–23; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket No. 21–450; FCC 22–87; FR 

ID 164120] 

Affordable Connectivity Program; 

Emergency Broadband Benefit 

Program 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, an 

information collection titled Affordable 

Connectivity Program (ACP) 

Transparency Data Collection, which is 

associated with the rules contained in 

the Fourth Report and Order, FCC 22– 

87 (Nov. 23, 2022) (Fourth Report and 

Order), which was summarized in a 

document published on January 13, 

2023. This document is consistent with 

the Fourth Report and Order and its 

summary. 

DATES: The amendments to § 54.1813(b) 

through (d) (instruction 3), published at 

88 FR 2248, January 13, 2023, and the 

amendments to § 54.1813(c) and (g) in 

this final rule, are effective August 23, 

2023. 

FOR FURTHER INFORMATION CONTACT: Eric 

Wu, Attorney Advisor, 

Telecommunications Access Policy 

Division, Wireline Competition Bureau, 

at (202) 418–7400 or eric.wu@fcc.gov. 

For additional information concerning 

the Paperwork Reduction Act 

information collection requirements 

contact Nicole Ongele at (202) 418–2991 

or nicole.ongele@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

Commission submitted information 

collection requirements for review and 

approval by OMB, as required by the 

Paperwork Reduction Act (PRA) of 

1995, on June 7, 2023, which were 

approved by OMB on August 11, 2023. 

The information collection requirements 

are found in the Commission’s 

Affordable Connectivity Program; 

Emergency Broadband Benefit Program, 

WC Docket No. 21–450, Fourth Report 

and Order, FCC 22–87 (Nov. 23, 2022) 

(Fourth Report and Order), which was 

summarized in 88 FR 2248, January 13, 

2023. The OMB Control Number is 

3060–1310. If you have any comments 

on the burden estimates listed in the 

following, or how the Commission can 

improve the collections and reduce any 

burdens caused thereby, please contact 

Nicole Ongele, Federal Communications 

Commission, 45 L Street NE, 

Washington, DC 20554. Please include 

the OMB Control Number, 3060–1310, 

in your correspondence. The 

Commission will also accept your 

comments via email at PRA@fcc.gov. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an email to fcc504@

fcc.gov or call the Consumer & 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the Commission is notifying the public 

that it received OMB approval on 

August 11, 2023, for the information 

collection requirements contained in 47 

CFR 54.1813, published at 88 FR 2248, 

January 13, 2023. 

Section 54.1813(g) of title 47 of the 

Code of Federal Regulations provides 

that compliance with § 54.1813(b) 

through (d) wouldn’t be required until 

§ 54.1813(g) is removed or contains a 

compliance date, which wouldn’t occur 

until after OMB completes review 

pursuant to the PRA. Since OMB has 

completed its review of the information 

collection requirements, this document 

removes § 54.1813(g). This document 

further revises § 54.1813(c) to delete the 

reference to paragraph (g) and to add the 

compliance date for the ACP 

Transparency Data Collection. 

These amendments to § 54.1813(c) 

and (g) are effective on the date this 

document is published in the Federal 

Register. The amendments are minor 

corrections, and the public was given 

notice in the November 2022 Fourth 

Report and Order that the rules would 

need to be amended to reflect 

completion of OMB review under the 

Paperwork Reduction Act. Additionally, 

the Commission separately announced 

the compliance date for the ACP 

Transparency Data Collection in a 

Public Notice issued on August 11, 

2023. These amendments impose no 

immediate burdens or obligations on 

members of the public, and making 

them effective upon publication will 

enhance notice to the public by 

incorporating the compliance date 

sooner into the Code of Federal 

Regulations. There is thus good cause 

under 5 U.S.C. 553(d)(3) for the 

amendments to be effective less than 30 

days after their publication. 

Under 5 CFR part 1320, an agency 

may not conduct or sponsor a collection 

of information unless it displays a 

current, valid OMB Control Number. 

Additionally, no person shall be 

subject to any penalty for failing to 

comply with a collection of information 

subject to the Paperwork Reduction Act 

that does not display a current, valid 

OMB Control Number. The OMB 

Control Number is 3060–1310. 

The foregoing notification is required 

by the Paperwork Reduction Act of 

1995, Public Law 104–13, October 1, 

1995, and 44 U.S.C. 3507. 

The total annual reporting burdens 

and costs for the respondents are as 

follows: 

OMB Control Number: 3060–1310. 

OMB Approval Date: August 11, 2023. 

OMB Expiration Date: August 31, 

2026. 

Title: Affordable Connectivity 

Program (ACP) Transparency Data 

Collection. 

Form Number: FCC Form 5651. 

Type of Review: New information 

collection. 


lotter on DSK11XQN23PROD with RULES1